Tabish Mehboob Humza v. Yakub Ali Humza (Deceased)
37.IA.1552.21 in TP.72.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 1552 OF 2021 IN TESTAMENTARY PETITION NO. 72 OF 2018 Tabish Mehboob Humza ...
Applicant/Orig. Petitioner And Yakub Ali Himza ...
Deceased Ms. Sayali Gharpure i/b S. Mahomedbhai & Co. for the Applicant/ Petitioner.
CORAM : R.I. CHAGLA, J.
DATED : 11th OCTOBER, 2021.
P.C. :
Heard the learned Counsel for the Applicant.
By this Application, the Applicant is seeking permission to amend the Testamentary Petition No.72 of 2018 as per the schedule of amendment annexed to the Interim Application. The Applicant has stated that due to an accidental slip or omission and/or typographical error the date of death of the deceased is mentioned in the Petition as 23.07.2016. This date was infact corrected by an amendment from the earlier date of 03.01.2017. The accidental slip or omission occurred whilst carrying out the said amendment. The correct date of death which ought to have been Waghmare 1/2
37.IA.1552.21 in TP.72.18.doc mentioned was 17.08.2017 and not 23.07.2016. The Applicant has, therefore, sought to amend the Petition by correcting the date of death of the deceased from 23.07.2016 (as presently mentioned) to l7.08.2017 (which is the correct date of death).
I am satisfied with the averments mentioned in the Interim Application for seeking amendment of the Petition by correcting date of the death of the deceased. Hence, the following order is passed : i) The Applicant is permitted to amend the Testamentary Petition No.72 of 2018 as per the schedule of amendment annexed to the Interim Application.
ii) Amendment shall also be carried out in the original grant of the probate.
iii) Amendment shall be carried out within a period of two weeks from the date of this order.
iv) Re-verification is dispensed with.
v) Interim Application is disposed of in the above terms. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2021.10.12 05:51:57 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2